Humanitarian Exceptions Added to UN Sanctions

Summary#

Regulations Amending Certain Regulations Made Under the United Nations Act: SOR/2023-134 adds explicit humanitarian-assistance exceptions to a number of Canada’s sanctions regulations that implement United Nations Security Council decisions. The changes took effect on registration (effective June 19, 2023) and are meant to make it easier for authorized organizations to send money, goods or services for urgent humanitarian needs in several countries.

What it does#

• Adds a carve-out that allows the provision, processing or payment of funds, other financial assets or economic resources, and the provision of goods and services needed for the timely delivery of humanitarian assistance under many existing sanctions regulations.
• Applies the exception to a set of country-specific sanctions regulations (for example: Regulations Implementing the United Nations Resolutions on the Democratic Republic of the Congo, on Iran, on Yemen, and others) and to the Regulations Implementing the United Nations Resolutions on Taliban, ISIL (Da’esh) and Al-Qaida.
• Specifies who can use the carve-out: the United Nations and its programs and agencies; international organizations; certain humanitarian organizations (including those with UN observer status); bilaterally or multilaterally funded NGOs participating in UN humanitarian or refugee plans and their employees, grantees, subsidiaries and implementing partners; and other persons or organizations authorized by a UN Security Council committee or recognized by Canada (in Afghanistan’s case).
• For the sanctions regime against ISIL (Da’esh) and Al-Qaida, the humanitarian exception is time-limited and ends on December 9, 2024 unless the Security Council extends it.
• For the Democratic People’s Republic of Korea (DPRK), a separate exception was added to allow activities solely supporting diplomatic or consular missions conducted by or coordinated with the UN; another carve-out covers humanitarian assistance, and there is an additional route when the UN committee has given advance approval.
• The regulations state they come into force on the day of registration (so they became effective on June 19, 2023).

Who's affected#

• Humanitarian organizations and international bodies that deliver aid in sanctioned countries — including UN agencies, international organizations, NGOs working with UN response plans, and their staff and implementing partners.
• Financial institutions and banks in Canada, which must adjust compliance and transaction-monitoring systems to recognize the humanitarian exceptions.
• Organizations and individuals who previously needed to apply for a ministerial certificate to carry out humanitarian-related transactions under these sanctions (they should face fewer certificate requests).
• Federal enforcement and border agencies such as the Royal Canadian Mounted Police and the Canada Border Services Agency, which continue to enforce the sanctions but now must account for the exceptions.
• Global Affairs Canada, which administers sanctions policy and was the department behind these changes.

Why it matters#

• The changes remove a legal barrier that could delay or block life-saving aid reaching people in conflict-affected and sanctioned countries. That can mean faster delivery of food, medicine and other basic services.
• Humanitarian groups should face less paperwork and fewer delays from having to request special permission from the Minister of Foreign Affairs for activities already covered by the UN carve-outs.
• Banks will need to update screening and reporting rules so legitimate humanitarian transactions aren’t wrongly blocked; this reduces hold-ups but requires minor system changes.
• The rule does not lift sanctions generally — it only clarifies and narrows exceptions for humanitarian purposes, and one key exception (for ISIL/Al-Qaida) is limited in time (December 9, 2024).